Current national inter-agency coordination frameworks and challenges

1. Current national inter-agency coordination frameworks and challenges Ministry of Home Affairs Government of Bangladesh 12 January 2012

2. Human Trafficking

3. Why trafficking concerns us ? It is a dreadful social crime It is a human rights issue It is a legal/moral issue It is a public health issue It is a gender issue It is a trans-national issue

4. Purpose of trafficking Recognized Internationally as especially in the case of children and women include, but are not limited to, the following: • Prostitution; • Forced or exploitative domestic labour; • Bonded labour and other forms of hazardous, dangerous and exploitative labour; • Servile marriage; • False adoption; • Sex tourism and entertainment; • Pornography; • Begging; and • Slavery by the use of drugs on children and women.

5. Understanding Trafficking Impacts of globalization Employment, Trade, Migration Development Policies Conflicts and environmental disasters SUPPLY Influenced by needs/motivations to improve life options. PUSH FACTORS • Economic: feminization of poverty, meet basic needs, market disparities loss of livelihood or employment, environmental hazards • Social/ Cultural:women's and children’s subordinate status in their families, violence, lack of awareness Governance: limited access to government services and programs, poor law enforcement, lack of access to decision makers PULL FACTORS Demand for cheap labor, Existence of informal job sectors Sex trade, bonded labor, organ transplantation, demand for child as camel jockeys, deception, exploitation, force, coercion DEMAND DEMAND FOR LABOR/OUTCOME OR MIGRATION HARMFUL Outcome * Exploited labor (commercial sex worker, factory/domestic servitude), forced detention; and, Profits to traffickers, drug addiction, STD, HIV/AIDS, trauma, suicide Positive Outcome *Freedom of Choice; * Sustaining Employment; and * Increased Status NON- HARMFUL RESULTS * Security/rights respected C O N T I N U U M CROSSBORDER/ INTERNAL

6. Introduction: Human Trafficking Trafficking in Human Beings (THB): a growing multi-million-dollar global industry; costing ‘the life’ of those vulnerable, poor, & disempowered. Transnational issue/crimes: THB is a gross violation of human rights and dignity and humanity; sheer negation of the victim’s Constitutional Rights. Bangladesh stays in the flipside of the list of countries that are ‘origin’-countries for THB. 2009 UNICEF: 400 Women & Children trafficked P/M

7. Trend of Overseas Employment (1991-2008)

8. OVERSEAS EMPLOYMENT BY SKILL GROUP Skill Group % Professional 3% Skilled 33% Semi-skilled 16% Less-skilled 48%

9. Migration and Trafficking MigrationInternal Migration External Migration In Bangladesh, two thirds of migrations are from rural to urban areas. 6.35% annual increase in the migration to the capital city, Dhaka. (Deshingka, 2005) Around 0.8 million (BMET) Bangladeshis left for overseas employment in 2008.

10. Government Initiatives in 5 key areas a) International Cooperation and Coordination b] Prevention Measures for the vulnerable through skill development or capacity building c) ProtectionMeasures undertaken for the rescued ones. d) Prosecution through legal framework e) Participation through collaboration (GO- NGO, INGO)

11. International Commitments • The Government of Bangladesh ratified the Conventions on the Rights of the Child (CRC) in the early 1990s. b) Ratified the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). c) Ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography. d) In March 2001, Bangladesh ratified the International Labor Organization (ILO) Convention on the Worst Forms of Child Labour No.182. Under this Convention, the government agrees to protect children from working in conditions that damage their physical and psychological well being. e) In January 2002, Bangladesh signed and ratified the South Asian Association for Regional Cooperation (SAARC) Convention on Prevention and Combating Trafficking in Women and Children for Prostitution. f) The Government of Bangladesh is reviewing the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons; Especially Women and Children, Supplementing the UN Convention Against Transnational Organised Crime 2000, which calls for the prevention, suppression and punishment for trafficking in people.

12. PREVENTION

13. Prevention Measures * Capacity Building of law enforcing agencies * Committees at the District, Upazila and Union level to combat Human Trafficking (CTCs)

14. Prevention Measures • National Anti Trafficking Committee • GO-NGO National Coordination Committee • District Women and Children Anti-Trafficking Committee • Police Monitoring Cell • Screeningand Prevention at the airports check posts, borders and land ports • Extra vigilance by Law enforcing agencies

15. PREVENTION 1. National Anti-Trafficking Committee: An Inter-Ministerial/Inter-Organisational committee led by the Secretary of the Ministry of Home Affairs. Committee holds meeting once in every two months Monitor progress of the activities undertaken by the various ministries and departments to combat trafficking 2. GO-NGO National Co-ordination Committee for Trafficking in Women and Children: Representatives from Ministry of Home Affairs, Ministry of Foreign Affairs, the Ministry of Women and Children Affairs, Attorney General’s Office and various NGOs Involved in monitoring and implementing programmes to combat trafficking. Secretary, Ministry of Home Affairs leads the committee.

16. PREVENTION 3. Police Monitoring Cell: A Police Monitoring Cell was established at the Police Headquarters in 2004. Its functions include collection of information and intelligence regarding human trafficking. The monitoring of the movement of criminals involved in human trafficking, arrest of criminals, rescue/recovery of trafficked persons, assisting in prosecuting relevant cases, rehabilitation of trafficked persons and subsequent follow up, The Monitoring Cell at PHQ maintains the database of cases related to trafficking. A monitoring unit under CTC has been formed in each of the 64 district headquarters and it sends updated statistics to the police headquarters. After compiling the data collected from District and other sources, the Monitoring Cell at the Police Headquarters prepares a report and sends it to the Ministry of Home Affairs in different formats on (a) daily, (b) fortnightly and (c) monthly basis. These reports relate to disposal of cases, recovery and rehabilitation of trafficked persons, follow up and repatriation of trafficked persons. The Joint Secretary (Political) of the Ministry of Home Affairs is overseeing the functions of the Cell and is also the focal point in the Ministry.

17. PREVENTION 4. Apprehension of Traffickers by the Law Enforcing Agencies: The border security personnel i.e. the BGB, the Bangladesh Police, the Bangladesh Coast Guard and also the Rapid Action Battalion (RAB) 407 traffickers have been arrested since 15 June 2004, 373 cases were instituted in different police stations. 5. Screening at the Air/ Land Ports: 3 stage screening process • screening of persons at the airline check-in counter • Screening at the immigration counter : check the validity and genuineness of passports and visas, and other travel document • (c) checking before boarding the aircraft by the Airlines' Passport Checking Unit (PCU). Land ports are also complying with the instructions of checking the validity and genuineness of passports, visas, tickets and other papers Screening process at Airports and Land ports : 3356 persons were offloaded since 15 June 2004

18. A. PREVENTION • Capacity Building of the Members of Law Enforcing Agencies and Public Prosecutors: Officials’ training on trafficking to enhance their skills. Training institutes of different law enforcing agencies. Out of 583, 520 Officer-in-Charge of police stations have been given training. Same training programme for immigration officials is also being implemented by the International Organisation for Migration (IOM). • Strengthened Partnerships between the Ministry of Home Affairs and the Representatives of the development partners in Bangladesh

19. PREVENTION 8. Implementation of National Motivational Policy to Create Awareness: A national policy is already formulated and launched • The Ministry of Religious Affairs – Imams to motivate people • The Ministry of Women and Children Affairs : projects in trafficking-prone districts to create mass awareness. iii) The Ministry of Local Government, Rural Development and Cooperatives - Union Parishads and representatives of the local bodies, the Municipalities for motivation iv) The Ministries of Education and Primary and Mass Education : involving teachers for motivation and awareness creation v) The Ministry of Information : mobilizing print/electronic media. vi) The Ansar and VDP utilising the services of its members numbering about 4.6 million, to motivate people vii) The Ministry of Social welfare : implementing various programmes viii) The NGOs/INGOs are already doing significant work in creating awareness among the policy makers, communities, law enforcing agencies and other stakeholders.

20. PREVENTION 9. District, Upazila and Union Counter Trafficking Committee: The committees are composed of DC, SP, Public Prosecutors, Representative of BGB, NGO and other offices. Implement and monitor programmes to combat trafficking. Committees monitor activities, organise rally and open discussion meeting in the Hats/markets in rural areas, implement programmes, facilitate and support rescued persons,

21. PROTECTION

22. PROTECTION 1. Rescue and Recovery of Trafficked Persons by law enforcing agencies and apprehend the traffickers. 2. Rehabilitation/Reintegration of Recovered Persons: Local CTCs have been tasked to rehabilitate the recovered trafficked persons through social reintegration process : • the trafficked persons are sent to their parents or guardian after due verification and proper documentation • if parents/guardians not found immediately, sent to nearest government or NGO-run safe homes (shelter). Initiatives are taken by GO / NGO in their safe homes for the welfare of the trafficked persons, while waiting for the reintegration with their family/ society. These are physical and mental treatment, psychosocial counseling, shelter, food, clothing, and legal aid, training on skills development for economic and social reintegration.

23. PROTECTION 3. Repatriation of Trafficked Persons: • When any information regarding trafficked victim is received through foreign mission of Bangladesh or other organizations including NOGs, the Ministry of Home Affairs takes necessary steps for quick and smooth repatriation of such victim. Recently, UNICEF Bangladesh has taken initiatives to hold a bi-lateral meeting between India and Bangladesh for repatriating Bangladeshi children who were trafficked in India.

24. PROTECTION 4. Repatriation & Social Integration of Bangladeshi Children Involved in Camel Racing in UAE: Through lobby and advocacy by human rights organisations, NGOs, civil society and the government of source countries, the UAE government finally banned the use of Children under 14 years of age or below 45 kg as Camel Jockey since March 2005.

25. PROTECTION 5. Follow up of Recovered and Rehabilitated Trafficked Persons : Due care has been taken to see that trafficked persons once recovered and rehabilitated do not become unfortunate victims of trafficking again nor do they feel neglected or be left without attention and care. DCs, SPs, OCs, representatives of NGOs and different committees at various administrative units are involved in the monitoring of rescue, repatriation, rehabilitation and reintegration. They have been advised to regularly monitor the condition of recovered and rehabilitated trafficked persons and report back to MOHA.

26. Rescue, Recovery, Repatriation and Integration of Children Trafficked between Bangladesh and India

27. the RRRI process • identification • rescue • interim care in India • collecting information • family tracing • confirmation of identity, permission to repatriate cross-border transfer • interim care in Bangladesh • integration • post-integration care, support and monitoring

28. REPATRIATION • The authorities in charge of repatriation shall use the diplomatic channel of communication • The Parties shall establish the Focal Point to implement the repatriation process of trafficked children and women

29. REINTEGRATION • The Parties shall make all possible efforts towards the safe and effective reintegration of victims of trafficking into their families and communities • The Parties shall provide the following training programs for the purpose of effective reintegration

30. JOINT TASK FORCE • The Joint Task Force has been comprised of competent representatives from both Parties • The Joint Task Force shall be called for to meet as the need arises.

31. PROSECUTION

32. Legal Framework- The Constitution of Bangladesh Article 27 : Rights of Equality and equal protection by state Article 28 : Right to be free from discrimination on the basis of religion, race, caste, sex or place of birth Article 31 :Right to protection of the law Article 34: Prohibition against forced labor, torture & 35 and cruel, inhuman or degrading treatment Article 36 : Freedom of Movement

33. Legal provisions and Reform Bangladesh has several laws governing children’s and women’s rights but they are not consolidated in one statute. Instead, they are scattered in various laws and statutes, such as Constitutional provisions, Suppression of Immoral Trafficking Act 1933, the Penal Code, the Children’s Act, 1974 and the Women and Children Repression Prevention Act, 2003. Bangladesh has made significant and noteworthy changes in their legal provisions to address the issue of trafficking, exploitation and violence against women and children. Government has enacted a consolidated Anti Trafficking law

34. Inter-Ministerial/Inter-Organizational Case Monitoring Committee: This committee is composed of representatives from the Ministry of Home Affairs, Ministry of Law, Ministry of Women and Children Affairs, Representative of Attorney General’s Office, Special Public Prosecutors The committee is led by Joint Secretary (Political) of the Ministry of Home Affairs and meets at least once every month. The main task of the committee is to select some pending cases under trial relating to trafficking in women and children throughout the country and give special attention to ensure quick disposal of such cases. As a result of close monitoring of the committee, 261 cases have already been disposed of, out of which 107 cases were ended in conviction and 154 cases were ended in acquittal. 173 persons were given conviction of which 08 persons were sentenced to death, 126 persons were sentenced to life imprisonment and 39 persons were sentenced other imprisonment.

35. Human Trafficking : Definition in Law • ‘HT means: selling/buying, recruitment, transportation, transfer, harbouring/receipt of persons by means of threat or use of force or other forms of coercion, abduction, or fraud […] . for the purpose of sexual, commercial, or other exploitation;in or outside of Bangladesh. .

36. Definition exploitation through prostitution or other forms of sexual exploitation, forced labour/services/begging, slavery, removal of organs, regardless of consent bad intention and fraud (criminal mind): inducing or helping others to migrate/emigrate; with pre-knowledge of resulting exploitation would be act of Human Trafficking

37. Salient provisions: Strengths, innovation Offences: special: negative legal presumption (convictions) Tribunal: with due power and discretion (protective measures, e.g.: guided principles re bail to the accused (control order with bail) Power to award fine & compensation (with recognition of civil damages); to confiscate, seize and freeze proceeds of crimes (extra-territoriality: action against person) Admissibility of duly procured foreign evidence/electronically-held evidence. Specialised, empowered but controlled police: focused investigation; preventive searches; cross-country investigation with tribunal’s approval

38. Salient provisions: Strengths, innovation Any person can prosecute (beyond the Govt): Special prosecutors; legal protection for witness and the reporter. protection & rehabilitation of victims & witnesses Compensation; legal and financial assistance; right to rehabilitation; privacy; right to information; rights of the disabled victim ; Rights-based provisions for repatriation and standard living in protective homes;

39. Salient provisions Mutual Legal Assistance + (regional) cooperation Organised crimes; extraditable offences (predicate offences ) MLA (evidence collection, joint investigation, exchange of docs/ and victims and offenders):    builds on private -public partnership. Accountability of the government (esp. when deals with human trafficking: for example misfeasance of abusing powers); accountability of private organisations (to report to the Govt/licensing). Rules for further carrying out the objectives Suppression of Immoral Traffic Act; Nari O Shishu Nirjatan Damon Ain (ss 5 &6): repeal proposed

40. Key Challenges • Mainstreaming the understanding on the trafficking nexus • Minimizing the gaps in order for effective implementation of international and national laws, conventions and policies • Addressing poverty reduction into counter-trafficking initiative • Maximizing the GO-NGO collaboration • Ensuring community participation in counter-trafficking intervention • Maintaining a gender perspective in CT interventions • Maintaining a rights-based approach to CT interventions

41. Future Intervention • Mainstreaming trafficking concerns into poverty reduction programmes • Mainstream gender issues and reduction of gender gaps • Address social marginalization and family and community disintegration • Continuation of existing activities regarding awareness raising , education, quick disposal of cases, recovery and rehabilitation, repatriation of trafficked persons and punishment of traffickers • Ministry of Women and Children Affairs (MOWCA) and Ministry of Social Welfare could provide minimum standard care/supports to rehabilitate trafficked victims Practical, time bound strategies to put into action the multiple areas of policies and legal instruments • Reassessment of existing laws • Strengthening of existing collaborative effort between GO and NGO • Encourage private sector for their participation as partners in developing counter trafficking programme • Regional collaboration and cooperation for establishing bilateral & multilateral agreements

42. Conclusion Bangladesh has come a long way in anti-trafficking measures. For the first time systematic and continuous efforts and institutional arrangements were made to combat trafficking in women and children. Bangladesh has gained a world of experience. All the efforts made so far in this regard have helped Bangladesh to achieve a degree of success, which is both notable and inspiring. This bears ample testimony to the commitment and resolve of Bangladesh to combat the menace of trafficking in women and children. The government of Bangladesh would once again like to reiterate its commitment and resolve in this regard, to fight and combat trafficking in women and children and in this endeavor, seek the cooperation and request the countries in transit and the final destinations to share some responsibilities and work together to fight this menace.

43. Thanks for your attention